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TRI-ETCH, INC. v. CINCINNATI INS. CO.

No. 49S02-0901-CV-8.

909 N.E.2d 997 (2009)

TRI-ETCH, INC., d/b/a Sonitrol Security Systems of Muncie; Jan Etchison; Nancy Etchison; Ruby Young, as Personal Representative of the Estate of Michael Young, Deceased; and Scottsdale Insurance Company, Appellants/Cross-Appellees (Plaintiffs below), v. CINCINNATI INSURANCE COMPANY, Appellee/Cross-Appellant (Defendant below).

Supreme Court of Indiana.

July 21, 2009.

Attorney(s) appearing for the Case

James R. Fisher, Debra H. Miller, Lloyd H. Milliken, Lucy R. Dollens, Indianapolis, IN, Stacy M. Broman, Jacob S. Woodard, Minneapolis, MN, Attorneys for Appellants.

Richard R. Skiles, Janet M. Prather, Indianapolis, IN, Attorneys for Appellee.

Karl L. Mulvaney, Martha S. Hollingsworth, Barry C. Cope, Indianapolis, IN, Attorneys for Amicus Curiae Property Casualty Insurers Association of America.

John C. Trimble, Richard K. Shoultz, Indianapolis, IN, Attorneys for Amicus Curiae, Insurance Institute of Indiana, Inc.

Laura A. Foggan, Benjamin J. Theisman, Washington, DC, Michael A. Dorelli, Patrick J. Olmstead, Jr., Jason L. Fulk, Indianapolis, IN, Attorneys for Amicus Curiae, Complex Insurance Claims Litigation Association.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0709-CV-827

BOEHM, Justice.

We hold that an alarm company's commercial general liability and umbrella insurance policies do not cover a claim against the alarm company for delays in observing or reacting to a failure of the retailer to make a scheduled setting of a night alarm. The claim does not arise from an "occurrence" as defined by the policy...

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